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November 13, 2001
President Olusegun Obasanjo
Mr. President,
It has come to our attention that an Islamic Court in Gwadabawa, Sokoto State, Nigeria recently pronounced a sentence of death by stoning, on a Ms. Safiya Hussaini. This sentence was reportedly imposed after a trial in which the court found Ms. Hussaini guilty of the "crime" of adultery. We, the undersigned Nigerian citizens, write to convey our deep unease about this sentence. We urge you to use your good offices to ensure that this sentence is not carried out.
Like all Nigerians, Ms. Hussaini has a right to have her life and dignity respected. This right, a right that reveals a regard for the sanctity of human life, is enshrined in the Nigerian constitution. It is also recognized by all the international and regional human rights declarations and conventions to which Nigeria is a signatory. There is a tension between this constitutionally and internationally recognized right, on the one hand, and the Islamic Court’s interpretation of Sharia law as manifested in the death sentence pronounced on Ms. Hussaini, on the other. In addition, we note that the constitution and the international and regional instruments referred to above guarantee the right to freedom of association. Criminalizing Ms. Hussaini’s association with an individual of her choice clearly infringes on her right to freedom of association. Without seeking to impose secular norms on anyone, we strongly believe that all fundamental human rights, should be guaranteed to all persons, notwithstanding differences in religion or gender. Thus, we urge you to use every effort to ensure that this sentence is not executed.
Importantly, we observe that as a result of the "crime," Ms. Hussaini became pregnant and has been delivered of a child. Further, we gather that, for insufficient evidence, the alleged father of her child has been acquitted of the crime for which she was convicted. This differential treatment is shocking considering that they were alleged to have committed the same "crime" at the same time. Surely, in a country that is a signatory to the Convention on the Elimination of all Forms of Discrimination Against Women, it is not unreasonable to expect that both Ms. Hussaini and the co-accused alleged father would enjoy equal status before the law? Yet, alarmingly this is not the case. While Ms. Hussaini may pay the ultimate price with her life, the alleged father of the child is free.
Gender discrimination is usually subtle, but everything about this sentence reveals gender discrimination of the most overt type. Overt, because the only reason why Ms. Hussaini was convicted and her co-accused acquitted is that nature equips her with the physiology to reveal the results of their "criminal acts." The Islamic Court looked to these natural attributes for the evidence upon which Ms. Hussaini’s conviction was based. Obviously, because the attributes are "naturally" absent in the co-accused alleged father, the Islamic Court found no difficulty in acquitting him. It is disturbing to learn that no attempt was made to perform any paternity tests, blood, DNA or otherwise, so as to corroborate or negate the assertions of the co-accused that he did not father the child. Mr. President, how do we explain all this? We refuse to believe that the natural endowments of a woman make her "naturally" deserving of criminal sanctions. Yet, Mr. President, if this sentence is executed what else can we make of it?
As the President of all Nigerians, both female and male, we urge you to act on behalf of an important section of your people, Nigerian women. We entreat you to use this opportunity to send out the right message to women living with the risk of criminal sanctions under Sharia law, and to Nigerian women in general. By taking a stand to ensure that this sentence is not executed, you re-assure Nigerian women everywhere that their lives are not viewed as being of lesser value than those of Nigerian men. Also, you ensure that the several negative and far-reaching consequences of the execution of this sentence will be avoided. In this regard, we request you to consider the risks that several women will take in order to ensure that they remove the "natural" physical results of identical "crimes" so as to avoid Ms. Hussaini’s fate.
Finally, not only will executing such a sentence be a violation of Ms. Hussaini’s rights, it will be offensive and shocking to the collective psyche of the majority of Nigerians. A large number of Nigerians, both Muslim and non-Muslim, object to this punishment and the other punishments that may be imposed by Islamic Courts, including cutting of limbs and caning, not because they do not find the "criminal" acts morally reprehensible. Surely, Mr. President, you are not unaware that most Nigerians hold individuals in adulterous relationships in moral opprobrium. Moral opprobrium is the sanction a majority of Nigerians believe fit for adultery.
It should come as no shock, therefore, that the sudden imposition of a punishment as severe as death by stoning would meet with resistance from the generality of Nigerians. We object, not to the fact that there is a sanction, but to the severity, criminal quality, and finality of the sanction. We urge you, as the President of our young democracy, to take a stand to see that the wishes of the majority of Nigerians are reflected on this issue.
As we strive in our task of nation building, our endeavors should be towards that which unites and edifies, not that which disunites and destroys. In addition, we should not forget that in the not too distant past, Nigeria was among the contemptible class of pariah nations. Executing this sentence will put Nigeria firmly back in that class. We implore you to ensure that Nigeria does not, yet again, become the object of international contempt. For this reason, we entreat you to consider that very few countries in the world still impose the death penalty as a punishment for any offence. Even fewer impose the death penalty on women. Simply put, stoning to death Ms. Hussaini, a human being whose life has value and meaning, is not considered a reasonable option in today’s world. Mr. President, please ensure that her life is not extinguished. Do not just "dey kampe," please do something.
We know that you are interested in hearing from citizens of Nigeria and we are sure that you will read this letter. We trust that, in keeping with the important responsibilities that we have entrusted to you, you will do everything to ensure that Ms. Hussaini’s life is preserved.
Yours sincerely,
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An Open Letter